Cantore v. West Boca Medical Center, Inc.Annotate this Case
The Supreme Court quashed the decision of the court of appeal in this medical malpractice action, holding that the treating physician’s deposition testimony regarding how the physician would have treated Alexis Cantore had she arrived at Miami Children’s Hospital (MCH) earlier was inadmissible.
Alexis and her parents (collectively, Plaintiffs) sued MCH and West Boca Medical Center, Inc. (WBMC), alleging that they had not provided proper medical care for Alexis, who suffered permanent brain damage after a brain herniation. Over Plaintiffs’ objection, counsel for WBMC was permitted to publish to the jury the deposition of the pediatric neurosurgeon at MCH who operated on Alexis, in which the physician answered hypothetical questions as to how he would have treated Alexis had she arrived at MCH an hour or two earlier. The jury returned a verdict in favor of WBMC and MCH. The court of appeals affirmed. The Supreme Court reversed, holding that the trial court erred in admitting the challenged deposition testimony pursuant to the Court’s decision in Saunders v. Dickens, 151 So. 3d 434 (Fla. 2014), and that the error was not harmless.